HARDWARE & SECURITY
The importance of patent protection to prevent key copying
Only patent protection provides a genuine guarantee against key copying . Carl Jones , Product Category Manager – Cylinders & Padlocks at ASSA ABLOY Door Hardware Group , explains why ...
» ONE OF THE MOST IMPORTANT functions of any cylinder locking system is key copy protection . Without this , keys can easily fall into the wrong hands , compromising the security of a building or facility . Yet unfortunately , many cylinder systems still allow for extra keys to be legally obtained without the owners ’ knowledge .
To reassure customers that this won ’ t happen , some manufacturers advertise claims to the effect of “ lifelong trademark protection ”. This implies their products are protected from illegal copying . Unfortunately , this is misleading – and could pose a serious risk not only to the facility that buys the claim , but to the locksmith who supplies the system .
Here ’ s a look at the myth of so-called “ trademark protection ”, and how to ensure the locking systems you supply are genuinely protected against key copying .
The myth of trademark protection
“ Unlimited trademark protection ”, “ lifelong trademark protection ”, “ lifetime trademark protection which protects against illegal duplication of keys ”, “ key profile with trademark protection for lifelong , legal key protection ”. These are all real examples of claims that have been made by suppliers of cylinder locks to promote their products .
All the above claims imply that the keys benefit from protection from unauthorised copying . However , applying a trademark design to the cross-section of a key has no legal protection under trademark law . As a result , none of these claims actually mean that the key is protected whatsoever .
The fact is that the only legitimate protection against key copying is patent protection . This is because patents are wholly concerned with the function aspect of a product or process . The functionality of a key is covered within patent law , and therefore a key with patent protection is genuinely protected from unauthorised copying .
The fallout of false claims
Whenever the trademark on the cross-section of a key is used in marketing to suggest that it prevents copying , this is misuse of a trademark . The consequences of misusing trademarks are serious , with the potential to severely damage any company making them .
For example , in 2016 , a court in Germany found an industry manufacturer guilty of making misleading claims in their advertising that their trademarks provided key copy protection . The company was ordered to remove all claims relating to trademarked key profiles from their
advertising , and the judge explained that , in cases of this nature , penalties can include a fine of up to € 250,000 and up to two years ’ imprisonment .
Nor are the consequences of trademark misuse limited to manufacturers – they can also affect the locksmith . By supplying , knowingly or otherwise , locking systems that misuse trademarks , you are risking the potential of litigation , orders to remove misleading claims , and large fines . This is not to mention the reputational damage in the eyes of customers .
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NOV / DEC 2022
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